Terms & Conditions

General Terms and Conditions SUITOS- model Chamber of Commerce for webshops
(source: kvk.nl):

Table of Contents:
Article 1 – Definitions.
Article 2 – Identity of the entrepreneur
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Costs in case of withdrawal
Article 8 – Exclusion of the right of withdrawal
Article 9 – The price
Article 10 – Compliance and warranty
Article 11 – Delivery and execution
Article 12 – Duration transactions: duration, termination and extension
Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Disputes
Article 16 – Additional or different provisions

Article 1 – Definitions
In these terms and conditions the following definitions apply:
1. Grace period: the period within which the consumer can exercise his right of
withdrawal;
2. Consumer: the natural person who is not acting in the exercise of profession or business
and enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Duration transaction: a distance contract relating to a series of products and/or services,
the delivery and/or purchase obligation of which is spread over time; 5;
5. Durable medium: any means that enables the consumer or entrepreneur to store
information addressed to him personally in a way that allows future consultation and
unaltered reproduction of the stored information.
6. Right of withdrawal: the possibility for the consumer to waive the distance contract
within the cooling-off period;

7. Entrepreneur: the natural or legal person who offers products and/or services to
consumers at a distance;
8. Distance contract: an agreement whereby, within the framework of a system organized
by the entrepreneur for distance selling of products and/or services, up to and including the
conclusion of the agreement, exclusive use is made of one or more techniques for distance
communication;
9. Technique for distance communication: means that can be used for concluding an
agreement, without the consumer and entrepreneur having come together in the same room at
the same time.

Article 2 – Identity of the entrepreneur
SUITOS
Illegaliteitslaan 126, 9727EE, Groningen, The Netherlands
Telephone number: +31 6 57 13 90 92
E-mail address: info@ysvb.nl
Internet: www.suitos.com
Chamber of Commerce number: 76218198
VAT number: NL860549343B01

Article 3 – Applicability
1. These general conditions apply to every offer of the entrepreneur and to every distance
contract concluded between entrepreneur and consumer.
2. Before the distance contract is concluded, the text of these general conditions will be
made available to the consumer. If this is not reasonably possible, before the distance contract
is concluded, it will be indicated that the general terms and conditions are available for
inspection at the entrepreneur's premises and that they will be sent free of charge to the
consumer as soon as possible upon request.
3. If the distance contract is concluded electronically, notwithstanding the preceding
paragraph and before the distance contract is concluded, the text of these general terms and
conditions will be made available to the consumer electronically in such a way that it can be
easily stored by the consumer on a durable data carrier. If this is not reasonably possible,
before the distance contract is concluded, it will be indicated where the general terms and
conditions can be inspected electronically and that, at the consumer's request, they will be sent
electronically or otherwise free of charge.
4. In the event that specific product or service conditions apply in addition to these general
conditions, the second and third paragraphs shall apply mutatis mutandis and in the event of
conflicting general conditions, the consumer may always invoke the applicable provision that
is most favorable to him.


Article 4 – The offer

1. If an offer has a limited period of validity or is made subject to conditions, this will be
explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products and/or services
offered. The description is sufficiently detailed to enable a proper assessment of the offer by
the consumer. If the entrepreneur uses images these are a true reflection of the products and /
or services offered. Obvious mistakes or obvious errors in the offer do not bind the
entrepreneur.

3. Each offer contains such information that it is clear to the consumer what the rights and
obligations are, which are attached to the acceptance of the offer. This concerns in particular:
o the price including taxes;
o any costs of delivery;
o the way in which the agreement will be concluded and which actions are necessary for this;
o whether or not the right of withdrawal is applicable;
o the method of payment, delivery and performance of the agreement;
o the period for acceptance of the offer, or the period within which the entrepreneur
guarantees the price;
o the amount of the rate of distance communication if the costs of using the technique for
distance communication are calculated on a basis other than the regular basic rate for the
means of communication used;
o whether the contract is archived after its conclusion, and if so in what way it can be
consulted by the consumer;
o the manner in which the consumer, before the conclusion of the agreement, can check the
data provided by him in the context of the agreement and, if desired, restore them;
o any languages other than Dutch in which the agreement can be concluded;
o the codes of conduct to which the trader is subject and the way in which the consumer can
consult these codes of conduct electronically; and
o the minimum duration of the distance contract in case of an extended transaction.
Article 5 – The agreement
1. The agreement comes into effect, subject to the provisions of paragraph 4, at the moment
of acceptance by the consumer of the offer and the fulfillment of the corresponding
conditions.
2. If the consumer has accepted the offer electronically, the trader will immediately confirm
receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has
not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate
technical and organizational measures to protect the electronic transfer of data and ensure a
secure web environment. If the consumer can pay electronically, the entrepreneur will observe
appropriate security measures.
4. The entrepreneur may – within legal frameworks – inform himself whether the consumer
can meet his payment obligations, as well as all those facts and factors that are important for a
responsible conclusion of the distance contract. If, on the basis of this investigation, the
entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order
or application or to attach special conditions to the implementation, while giving reasons.
5. The entrepreneur will include the following information with the product or service to
the consumer, in writing or in such a way that it can be stored by the consumer in an
accessible way on a durable data carrier:
a. the visiting address of the establishment of the entrepreneur where the consumer can go
with complaints. You will find this address at YSvB both on the invoice and in the webshop;
b. the conditions under which and the way in which the consumer can make use of the right of
withdrawal, or a clear indication of the exclusion of the right of withdrawal;
c. the information on guarantees and existing after-sales service;
d. the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has
already provided the consumer with these data before the execution of the agreement;
e. the requirements for terminating the agreement if the agreement has a duration of more than
one year or is of indefinite duration.
6. In case of a duration transaction, the provision in the previous paragraph applies only to
the first delivery.


Article 6 – Right of withdrawal
1. When purchasing products, the consumer has the possibility of dissolving the
agreement without giving reasons for a period of 14 days. This reflection period commences
on the day after receipt of the product by the consumer or a representative previously
designated by the consumer and made known to the entrepreneur.
2. During the reflection period, the consumer will handle the product and its packaging
with care. He will only unpack or use the product to the extent necessary to assess whether he
wishes to keep the product. If he exercises his right of withdrawal, he will return the product
to the entrepreneur with all delivered accessories and – if reasonably possible – in its original
condition and packaging, in accordance with the reasonable and clear instructions provided by
the entrepreneur. It is expressly not intended to continue using the Suitos pajama suits during
this period.


Article 7 – Costs in case of withdrawal
1. If the consumer makes use of his right of withdrawal, only the costs of return shipment
will be at his expense.
2. If the consumer has paid an amount, YSvB will refund this amount as soon as possible,
but no later than 30 days after the return or withdrawal.


Article 8 – Exclusion of right of withdrawal
1. The entrepreneur may exclude the consumer's right of withdrawal to the extent provided
for in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the trader
clearly stated this in the offer, or at least in good time before concluding the contract.
2. Exclusion of the right of withdrawal is only possible for products:
a. that have been created by the entrepreneur in accordance with the consumer's
specifications;
b. that are clearly personal in nature;
c. that cannot be returned due to their nature;
d. that spoil or age quickly;
e. whose price is subject to fluctuations in the financial market over which the entrepreneur
has no influence;
f. for single newspapers and magazines;
g. for audio and video recordings and computer software of which the consumer has broken
the seal.


Article 9 – The price
1. During the validity period mentioned in the offer, the prices of the products and/or
services on offer will not be increased, except for price changes due to changes in VAT rates.
2. Notwithstanding the previous paragraph, the entrepreneur can offer products or services
whose prices are subject to fluctuations in the financial market and over which the
entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that
any prices mentioned are target prices will be mentioned in the offer.
3. Price increases within 3 months after the conclusion of the contract are only allowed if
they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only allowed if
the entrepreneur has stipulated it and:
a. they are the result of legal regulations or stipulations; or
b. the consumer is authorized to terminate the contract on the day on which the price increase
takes effect.
5. The prices mentioned in the offer of products or services include VAT.


Article 10 – Compliance and Warranty
1. The Entrepreneur guarantees that the products and/or services comply with the contract,
the specifications mentioned in the offer, the reasonable requirements of reliability and/or
usability and the existing statutory provisions and/or government regulations on the date the
contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable
for other than normal use.
2. A guarantee provided by the entrepreneur, manufacturer or importer does not detract
from the legal rights and claims that the consumer under the agreement may assert against the
entrepreneur.


Article 11 – Delivery and implementation
1. The entrepreneur will take the greatest possible care when receiving and executing
orders of products and in assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. Subject to what is stated in article 4 of these general conditions, the company will
execute accepted orders expeditiously but at the latest within 30 days unless a longer delivery
period has been agreed. If delivery is delayed, or if an order cannot or can only be partially
carried out, the consumer will be informed about this within 30 days after the order was
placed. The consumer in that case has the right to dissolve the agreement without cost and the
right to possible compensation.
4. In case of dissolution in accordance with the previous paragraph, the entrepreneur will
refund the amount paid by the consumer as soon as possible, but at the latest within 30 days
after dissolution.
5. If delivery of an ordered product turns out to be impossible, the entrepreneur will make
an effort to provide a replacement article. At the latest upon delivery, it will be clearly and
comprehensibly stated that a replacement article is being delivered. With replacement articles,
the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne
by the entrepreneur.
6. The risk of damage and / or loss of products rests with the entrepreneur until the time of
delivery to the consumer or a previously designated and made known to the entrepreneur
representative, unless otherwise expressly agreed.
Article 12 – Duration transactions: duration, termination and extension
Termination
1. The consumer may contract for an indefinite period and which extends to the regular
delivery of products (including electricity) or services, at any time terminate in accordance
with agreed termination rules and a notice of up to one month.
2. The consumer may terminate a fixed-term contract that was concluded for the regular
delivery of products (including electricity) or services at any time at the end of the fixed term
in compliance with the applicable termination rules and a period of notice that does not
exceed one month.
3. The consumer may terminate the agreements mentioned in the previous paragraphs:
o terminate at any time and not be limited to termination at a specific time or in a specific
period;
o terminate at least in the same way as they were entered into by him;
o always terminate with the same notice period as the entrepreneur has stipulated for himself.
Extension
4. A fixed-term contract that has been entered into for the regular supply of products
(including electricity) or services may not be tacitly extended or renewed for a fixed term.
5. In departure from the previous paragraph, a fixed-term contract that has been concluded
for the regular supply of daily or weekly newspapers and magazines may be tacitly renewed
for a fixed term not exceeding three months, if the consumer may terminate this renewed
contract towards the end of the renewal with a notice period not exceeding one month.
6. A fixed-term contract that has been concluded for the regular delivery of products or
services may only be automatically prolonged for an indefinite period of time if the consumer
may terminate this prolonged contract at any time with a period of notice that does not exceed
one month and a period of notice that does not exceed three months in case the contract is
concluded for the regular delivery, but less than once a month, of daily or weekly newspapers
and magazines.
7. A contract with a limited duration for the regular supply of trial days, news and weekly
newspapers and magazines (trial or introductory subscription) is not tacitly continued and
ends automatically at the end of the trial or introductory period.
Duration
8. If a contract lasts more than one year, after one year the consumer may at any time
terminate the contract with a notice of up to one month, unless reasonableness and fairness
oppose termination before the end of the agreed term.

Article 13 – Payment
1. Unless otherwise agreed, the amounts owed by the consumer should be paid within 14
days after the start of the reflection period as referred to in article 6 paragraph 1. In case of an
agreement to provide a service, this period starts after the consumer has received the
confirmation of the agreement.
2. When selling products to consumers, general terms and conditions may never stipulate
an advance payment of more than 50%. Where advance payment is stipulated, the consumer
may not assert any rights regarding the execution of the order or service(s) in question before
the stipulated advance payment has been made.
3. The consumer has the duty to immediately report inaccuracies in payment details
provided or mentioned to the entrepreneur.
4. In case of default of payment by the consumer, the entrepreneur has the right, subject to
legal restrictions, the advance notice to the consumer reasonable costs to charge.

Article 14 – Complaints procedure
1. The entrepreneur has a sufficiently publicized complaints procedure and handles
complaints in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be submitted to the
entrepreneur within a reasonable time, fully and clearly described, after the consumer has
found the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days
from the date of receipt. If a complaint requires a foreseeably longer processing time, the
entrepreneur will respond within the 14-day period with a notice of receipt and an indication
of when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject
to the dispute settlement procedure.


Article 15 – Disputes
1. On agreements between the entrepreneur and the consumer to which these general
conditions relate, only Dutch law applies.


Article 16 – Additional or different provisions
Additional or different provisions of these general conditions may not be to the detriment of
the consumer and should be recorded in writing or in such a way that the consumer in an
accessible way can be stored on a durable medium.